tag:www.eauclaireattorney.com,2013-03-21:/blog/716292018-05-24T09:38:06ZMovable Type Enterprisetag:www.eauclaireattorney.com,2018:/blog//71629.32800662018-05-24T09:39:06Z2018-05-24T09:38:06Z
Even though marijuana is legal in many places across the United States, it is not yet legal in Wisconsin. In some states, marijuana possession is decriminalized. In others, it's legal for recreational use. In still others, those with medical needs have access.

Wisconsin falls into the states with legal medical marijuana but no legal right to recreational use. The state passed its medical marijuana law in 2014, but it's extremely limited. Based on the law, individuals may only use cannabidiol if it has no psychoactive effects. It is only allowed to treat patients with seizure disorders.

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If you're caught with marijuana and do not have a seizure disorder or medical marijuana card, you can face up to six months in jail for possession and may receive a misdemeanor. You can be fined up to $1,000. It's a felony if you're caught a second time with the drug.

Selling marijuana is even worse, leading to a felony on the first conviction regardless of the amount. If you possess 200 grams up to 2 kilograms of the drug, then you'll face a class H felony. These felonies are just two possibilities; remember, as the amount you have in your possession increases, you'll face harsher penalties under the state laws.

Federally, marijuana is still illegal as well, which means that you could face state and federal charges for possession or sale. In most cases, you'll only have to worry about state laws, but it's a good idea to talk to your attorney if you are told the government is taking a role in your case.

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tag:www.eauclaireattorney.com,2018:/blog//71629.32709512018-05-16T18:24:59Z2018-05-16T18:27:27Z
It's bad enough that a night of fun with friends turned into an OWI. You know about the potential suspended license and the fines, but are there other consequences too? Can a drunk driving charge effect your future?

The fines and jail time could be just the beginning of the consequences of an OWI. You could be looking at problems for your career.

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You could lose your current job

It may not be the best job, but it helps pay for books and a little fun on the weekend. But an OWI on your record could take away that extra security. If your job includes driving, you are at an even greater risk for losing your job.

The rules will be different between different employers and industries, since some workplaces have strict licensing guidelines. The important thing to remember, is to be straightforward about what happened. Even if you're not able to stay in the same position due to licensing guidelines, your employer might be willing to work with you to find another spot within the company.

Your career might be at risk

Depending on the profession and the licensing entity, one drunk driving conviction could cost you the dream job you've been working towards.

For some professions, it's a deal breaker and there's nothing you can do about it. For other professions, there is some leniency depending on the circumstances and how you present your case.

Honesty is the best policy

No matter what your situation, being straightforward is always going make dealing with your OWI easier. Whether it's an employer or a licensing entity, they are going to find out about your OWI, even if you don't tell them. If you're able to disclose the information upfront, you can have more control over the conversation and the potential outcome.

While you may not be able to save yourself from all the consequences of an OWI, you can save your reputation by being honest.

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tag:www.eauclaireattorney.com,2018:/blog//71629.32709502018-05-16T18:24:59Z2018-05-16T18:26:26Z
It's bad enough that a night of fun with friends turned into an OWI. You know about the potential suspended license and the fines, but are there other consequences too? Can a drunk driving charge effect your future?

The fines and jail time could be just the beginning of the consequences of an OWI. You could be looking at problems for your career.

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You could lose your current job

It may not be the best job, but it helps pay for books and a little fun on the weekend. But an OWI on your record could take away that extra security. If your job includes driving, you are at an even greater risk for losing your job.

The rules will be different between different employers and industries, since some workplaces have strict licensing guidelines. The important thing to remember, is to be straightforward about what happened. Even if you're not able to stay in the same position due to licensing guidelines, your employer might be willing to work with you to find another spot within the company.

Your career might be at risk

Depending on the profession and the licensing entity, one drunk driving conviction could cost you the dream job you've been working towards.

For some professions, it's a deal breaker and there's nothing you can do about it. For other professions, there is some leniency depending on the circumstances and how you present your case.

Honesty is the best policy

No matter what your situation, being straightforward is always going make dealing with your OWI easier. Whether it's an employer or a licensing entity, they are going to find out about your OWI, even if you don't tell them. If you're able to disclose the information upfront, you can have more control over the conversation and the potential outcome.

While you may not be able to save yourself from all the consequences of an OWI, you can save your reputation by being honest.

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tag:www.eauclaireattorney.com,2018:/blog//71629.32709492018-05-16T18:24:59Z2018-05-16T18:26:19Z
It's bad enough that a night of fun with friends turned into an OWI. You know about the potential suspended license and the fines, but are there other consequences too? Can a drunk driving charge effect your future?

The fines and jail time could be just the beginning of the consequences of an OWI. You could be looking at problems for your career.

]]>
You could lose your current job

It may not be the best job, but it helps pay for books and a little fun on the weekend. But an OWI on your record could take away that extra security. If your job includes driving, you are at an even greater risk for losing your job.

The rules will be different between different employers and industries, since some workplaces have strict licensing guidelines. The important thing to remember, is to be straightforward about what happened. Even if you're not able to stay in the same position due to licensing guidelines, your employer might be willing to work with you to find another spot within the company.

Your career might be at risk

Depending on the profession and the licensing entity, one drunk driving conviction could cost you the dream job you've been working towards.

For some professions, it's a deal breaker and there's nothing you can do about it. For other professions, there is some leniency depending on the circumstances and how you present your case.

Honesty is the best policy

No matter what your situation, being straightforward is always going make dealing with your OWI easier. Whether it's an employer or a licensing entity, they are going to find out about your OWI, even if you don't tell them. If you're able to disclose the information upfront, you can have more control over the conversation and the potential outcome.

While you may not be able to save yourself from all the consequences of an OWI, you can save your reputation by being honest.

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tag:www.eauclaireattorney.com,2018:/blog//71629.32681852018-05-14T19:57:39Z2018-05-14T19:56:39Z
A man accused of a homicide no longer faces charges after they were dropped due to his inability to stand trial. According to the news, the 75-year-old man was believed to have killed his sister in 2016, but as a result of a severe dementia diagnosis, cannot stand trial. His sister was killed in an act of violence, being strangled, stabbed and beaten to death at the age of 75.

The man had been discovered wandering near his sister's home; he was covered in blood and cuts. He had been spending the weekend with his sister while his wife was away, but he was being treated with medications for dementia. His sister was discovered in the brother's bedroom in the home.

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His sister had been stabbed with a knitting needle, found in her chest. There was significant bruising and injury to her neck and face. Her dog was also stabbed six times.

Two doctors provided opinions stating that they did not believe he would regain competency. The Eau Claire County district attorney agreed with the doctors' letters, stating that a dismissal would be acceptable on these grounds.The dismissal doesn't mean the man will go without monitoring. One doctor advised that he remain in a secure facility. Together, the doctors agreed and diagnosed the man with vascular dementia, depression and Alzheimer's disease.

Mental illnesses can prevent those who commit violent crimes from being convicted unfairly. Whether it's a long-term illness or singular event, mental illnesses can make it hard for people to understand what they're doing in the heat of the moment.

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tag:www.eauclaireattorney.com,2018:/blog//71629.32634782018-05-10T19:46:04Z2018-05-10T19:45:04Z
Drug crimes come in all shapes and sizes, but one that is common among youth is the use of MDMA. The drug, 3,4-methylenedioxy-methamphetamine, is best known as Ecstasy.

This drug produces feelings of euphoria, making it popular in the club scene. It affects the brain by causing increased dopamine, norepinephrine and serotonin. This results in euphoric feelings, increased energy, a higher heart rate and blood pressure, sexual arousal, a sense of trust and elevated mood.

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While it has some benefits initially, the reality is that MDMA quickly becomes dangerous. It causes nausea, muscle cramps, blurred vision and chills. It can cause sweating and involuntary teeth clenching, depression, decreased appetite and trouble sleeping. Its effects last only three to six hours, leaving the user with withdrawal symptoms over the course of the next week.

MDMA has the negative effect of causing a spike in body temperature, which could result in heart failure, liver failure, trouble with the kidneys or death. The drug is often not pure, meaning that the person using it has no idea what substances may be inside.

If you sell MDMA or possess it for your own purposes, you can face serious trouble from the law. MDMA is an illegal substance, and it does not presently have any medical purpose. While it is being studied for its potential to treat terminally ill patients, those with social anxiety and those with traumatic stress disorder, there is not yet an approved form of the drug that is legal on the market. Getting caught with it in any form could lead to an arrest, jail time and heavy fines.

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tag:www.eauclaireattorney.com,2018:/blog//71629.32536182018-05-03T18:40:17Z2018-05-03T18:39:17Z
If you're accused of a DUI, you probably have some idea about whether or not you were truly pushing the limit with your alcohol intake. For some people accused of drinking and driving or using drugs and driving, the reality is that they didn't. They may fail significant tests but still have no alcohol in their systems.

An interesting thing to understand is that there are many medical conditions that could make a person appear intoxicated. For example, diabetics with high or low blood sugar could look disoriented or unstable. Both ranges could potentially lead to their breath smelling of alcohol due to chemical reactions within the body.

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Another kind of medical condition that could look like intoxication is a concussion. Imagine if you were hit on the head. You'd likely be disoriented and confused. You might stumble or slur your speech. Despite that, you have no alcohol in your system. Instead, you need medical help in the time that could be wasted testing you for alcohol intoxication.

Doctors and nurses are aware that appearances aren't everything, so if you're taken to the hospital for tests and are accused of being intoxicated, don't think that everyone is against you. There are real cases of people with medical conditions where their own bodies naturally intoxicate them with fermentation in the stomach, and there are dozens of reasons why a single drink might have led to extreme reactions.

With up to 73.8 percent of doctors and nurses in one study admitting to not having specific training for drug and alcohol-related issues, it's a good idea to know your rights if you're accused of being intoxicated. A mistaken diagnosis could impact your case.

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tag:www.eauclaireattorney.com,2018:/blog//71629.32459342018-04-26T11:14:18Z2018-04-26T11:13:18Z
Many people learn self-defense techniques to save their lives if they're attacked. One thing you should know is that if you use self-defense in a situation where your life is in danger, you're unlikely to be accused of violence against another person. However, the force you use has to be reasonable.

You have the right to prevent violence against you and to stop others from hurting you through self-defensive actions. One thing you do need to ask yourself, though, is about the threat itself. Is it imminent? Are you truly in danger? Using force against someone who isn't intending to harm you could result in charges against you for violent acts.

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You also have to ask yourself if your fear of harm is reasonable. Is it justified to act out against someone making verbal threats but taking no physical act against you? Is it reasonable to suspect an attack when the other person does not have the means? Your situation needs to be black and white. You need justified fear and a sense of imminent danger to act out in self defense.

You also need to respond with reasonable force. If someone is threatening you with a weapon, using a weapon against him or her is reasonable. Likewise, if you're unable to escape a violent partner or someone who is attempting to kill you, a jury is likely to understand your use of force with a weapon to protect yourself.

You don't have to allow unfounded accusations to be used against you. With a good defense in court, you can prove that you were only defending yourself from violence.

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tag:www.eauclaireattorney.com,2018:/blog//71629.32339782018-04-21T11:03:05Z2018-04-18T23:20:34Z
Your recent drunk driving arrest was a first offense, so you are probably nervous and uncertain about what to expect. You may be getting advice from well-meaning friends who are suggesting you accept your penalty because a first-offense operating a vehicle while intoxicated in Wisconsin carries minimal fines and no jail time.

However, even a misdemeanor conviction remains on your record, and this can have detrimental effects on your future goals and opportunities. Additionally, with an OWI already on your record, if you happen to get pulled over for a second offense, you face much more serious consequences. With the help of an attorney, you may be able to avoid a first-offense conviction through negotiating for a diversion program.

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How does a diversion program work?

A first offense if often a simple mistake. Perhaps you have only recently reached the legal drinking age, or you were in an unfamiliar situation before you got behind the wheel. In many cases, a first-time charge for OWI is a harsh enough experience for the driver to learn a lesson. This is why many states offer diversion options in lieu of a conviction.

The state recognizes that entering the criminal justice system can have long-term negative effects on someone, including the increased risk of reoffending. Wisconsin designed its diversion program to divert you from the criminal justice system by suspending your sentence and requiring you to participate in various alternative activities, for example:

You may have to attend alcohol counseling or substance abuse classes.

You will likely perform some kind of community service.

The court may subject you to random urine tests.

You will have to pay all appropriate fines.

You will make restitution for any damage resulting from your offense.

Of course, you will also have to avoid any further criminal behavior. If you receive a second OWI or other charge during your diversion period, you will likely face the consequences of your suspended charges as well as your new charges. However, if you successfully complete all the requirements the state imposes, the district attorney will drop the OWI charges against you, and you can put the matter behind you.

You only have one opportunity to participate in a diversion program, and if you fail to complete the appropriate requirements, the district attorney has the authority to resume criminal proceedings against you. In fact, in some cases, to qualify for the diversion program, the court may require you to enter a suspended guilty plea in case you do not complete the program. This is one area in which the advocacy of an experienced attorney will benefit you.

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tag:www.eauclaireattorney.com,2018:/blog//71629.32335732018-04-19T11:03:05Z2018-04-18T14:49:36Z
Hate crimes are crimes that are born out of bigotry. These crimes are meant to intimidate or hurt someone because of his or her race, sexual orientation, disability, religion, ethnicity or national origin. Hate crimes are also known as bias crimes and can take place in many ways. Those who commit them may use explosives, vandalism and verbal or physical violence to intimidate, threaten or harm others.

Hate crimes often go unreported because those who are victims feel that they have nowhere to turn. They may believe that the community will not help them or that the local government doesn't care about their problems. This leads to those who commit hate crimes getting away with their actions, which weakens communities and encourages further violence and tension.

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Close to half of all hate crimes are a result of racial bias, showing that this is the most likely reason someone will become a victim. Another third of people were targeted due to ethnicity or gender. The majority of those who commit hate crimes are white or Caucasian, but that doesn't mean that others can't be to blame. Approximately 24.3 percent of people committing hate crimes in 2015 were African American. Around 1 percent were Asian. Another 16.2 percent were unknown.

If you are accused of committing a hate crime, it's in your best interest to work with someone who can help you build a strong case against the charges. Hate crimes are significant, and a conviction could lead to lasting consequences along with significant damage to your reputation now and in the future.

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tag:www.eauclaireattorney.com,2018:/blog//71629.32312772018-04-17T11:05:01Z2018-04-17T11:04:01Z
You were driving home from an important office dinner when you saw flashing lights in your rearview mirror. You knew it was an officer trying to pull you over; you'd crossed the center line when you looked away from the road for a moment. You quickly corrected yourself, but it was clear even to you that you'd made an error that could make the officer question your ability to drive safely.

Pulling over, you spoke to the officer and gave him what he needed from you. Moments later, you found him asking you to get out of your vehicle for field sobriety tests. He thinks you're intoxicated. You take the field sobriety tests and then he asks you to take a Breathalyzer. The Breathalyzer finds that your blood alcohol concentration (BAC) is .06 percent; it's low enough not to lead to a OWI, but the officer is still arresting you for drinking and driving.

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What are your options now?

It's clear that you don't have a BAC high enough to result in a full-blown OWI based on the BAC alone. However, combined with your dangerous driving, troubling findings on the field sobriety tests and the fact that your BAC was .06 percent, he's seeking an OWI.

If you're charged and convicted, you could face a fine of up to $300, and you may lose your license for up to 9 months. There's no requirement for an ignition interlock device, and there is no mandatory jail time for your first OWI. Even though the penalties are generally few, it's in your best interests to fight the charges to protect yourself. Our site has more on what to expect.

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tag:www.eauclaireattorney.com,2018:/blog//71629.32118792018-04-06T03:10:43Z2018-04-06T03:09:43Z
Drug trafficking is a very specific crime. To be accused and convicted, the prosecution has to show that you intended to sell or transport drugs to others. If you possess a large quantity of drugs when you're caught, you could be accused of drug trafficking or delivering drugs even if you did not intend to do so.

Take, for example, this case involving two men in Beloit. Two men in Beloit have been arrested for alleged drug charges, according to an April 4 report. The men are accused of dealing cocaine and heroin in the local area.

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The news reports that the 30-year-old and 42-year-old men were arrested following a search of their properties. The 30-year-old man faces possible charges including possession with the intent to deliver, maintaining a drug trafficking place and delivering cocaine and heroin. The 42-year-old man faces charges including maintaining a drug trafficking place and delivering heroin.

Often, when you face one drug charge, you also face several others. This is because charges are designed to stack up against you, potentially leading to several different fines and penalties that you have to deal with. It's wise to remember your rights before you say or do anything that could hurt your chances of obtaining a plea deal or walking away with a not-guilty verdict. Your defense attorney can talk to you about the potential defenses you can use in your case. Depending on the circumstances, there are multiple tactics that can be employed to help you defend yourself, protect your reputation, stay out of jail and lower the potential penalties.

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tag:www.eauclaireattorney.com,2018:/blog//71629.31993172018-03-27T08:37:10Z2018-03-27T08:36:10Z
When a driver enters the highway from the wrong direction, it puts him or her, along with anyone else on the roads, in danger. It's more likely that a head-on crash could take place, which could lead to serious injuries or deaths.

Usually, those who enter the highway incorrectly quickly attempt to correct their mistakes. Sometimes, due to inebriation, people may not know that they've done something wrong. That's allegedly what happened in this case.

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The news reports that a man from Rice Lake is facing charges for fleeing from police when he was heading the wrong way on Hastings Way. According to the news, the 42-year-old man had been headed north in the southbound lanes in the early morning. It was around 2:00 a.m. when a trooper noticed the man and attempted to pull him over.

The police officer reported activating his lights and sirens. Even though the man did stop at a red light, he continued on when it turned green moments later. He was traveling quickly at around 50 to 60 mph. Eventually, he pulled onto Anderson Drive and stopped for the officer.

The man was arrested and taken to the hospital to test his blood alcohol concentration (BAC). Now, he faces charges for operating a vehicle while intoxicated, fleeing an officer and driving the wrong way.

If you're caught drinking and driving or going the wrong way on the highway, make sure you pull over as soon as the police ask. If you don't, you could face additional penalties like the man is in the case above.

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tag:www.eauclaireattorney.com,2018:/blog//71629.31945332018-03-23T04:48:17Z2018-03-23T04:47:17Z
If you're accused of forging a prescription, understand that it's a serious charge. A prescription is not able to be written by someone without a medical degree, and only certain medical professionals have the right to do so. It takes much time, education and continuing accreditation to have the right to give you medications. Falsifying a prescription is a crime because it's fraud.

For a prescription to be legal and valid, it needs to have several things. It should have the date of issue, the name of the medication and its intended strength, the dosage of the pills, how many pills or how much of the medication is to be distributed, the directions for use and the total number of refills allowed. The authorized doctor must sign the prescription.

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Altering or forging a prescription is illegal because the substances you're seeking are controlled. They're controlled for a reason, likely because of the risk of harm coming to patients if they take too much. Prescription alterations are a kind of drug dealing and an uncontrolled use of the medications that are meant to be restricted.

There are reasons why someone could be accused of forging a prescription, like if he or she signs the name of a doctor who legitimately prescribed the medication because he or she forgot to. No matter what the case is, it's important that you defend yourself and stand up for your rights. Our website has more information on what to do if you're accused of forging a prescription or altering one and the penalties you could face if convicted.

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tag:www.eauclaireattorney.com,2018:/blog//71629.31932712018-03-22T13:31:34Z2018-03-22T13:30:34Z
Ask 1,000 people in Wisconsin how they feel about marijuana decriminalization and you're likely to get hundreds of different answers in return. You may also notice commonalities among your survey participants, however. For instance, some may tell you they think medical use of marijuana should always be legal. Others may hold more traditional opinions, adamantly stating that marijuana possession or use should always be punishable as a crime.

Your thoughts may fall somewhere in between, or you might be among many who think the government should make recreational use of marijuana fully legal. The issue is quite complicated because federal law continues to treat any and all possession or use of marijuana as illegal; however, many states have enacted laws that conflict with those statutes. If you use marijuana, grow it, sell it or buy it, you'll want to seek clarification of state laws ahead of time and know how to protect your rights if a problem arises.

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Wisconsin allows cannabidiol use to treat seizures

If you or an immediate family member suffers from a chronic seizure disorder, you understand how challenging life can be under such circumstances. Although some people afflicted with seizures can still go to work and function independently, others are partially or fully disabled by their conditions. The following information explains laws regarding marijuana use to treat seizure-related disorders:

In this state, restrictions are set high regarding medical use of marijuana. In fact, it is only allowed in a cannabidiol form that does not have psychoactive effects.

Wisconsin does not allow all types of medical marijuana use, only such that treats severe seizure disorders and only in the form described above.

First time marijuana possession throughout the state is punishable as a misdemeanor upon conviction with sentencing up to six months in jail and fines as high as $1,000.

If the court hands down a conviction against you for selling five plants or fewer or less than 25 grams of marijuana within 1,000 feet of a school building, you're looking at a mandatory year behind bars without probation.

Federal law takes precedence over state law, meaning in situations where state and federal law conflict, federal law stands. At this time, federal law criminalizes any and all possession or use of marijuana under the Controlled Substance Act.

State regulations frequently change regarding possession, growing, buying, selling or using marijuana. This is why it's always best to make sure you have current information because it's possible that the laws you thought existed in a particular state may have changed.

The good news is that support is available in the form of defense attorneys who are well versed in current state and federal marijuana laws. Many others in Wisconsin have been able to avoid conviction by relying on experienced legal guidance, and you may wish to consider your options for assistance.